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BURLINGTON NORTHERN R. CO. v. RED WOLF

Nos. 96-35254, 96-35265.

106 F.3d 868 (1997)

BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. Gladys RED WOLF; Randy Red Wolf; Dorrie Bull Tail; Dewey Bull Tail; Valarie Red Wolf, Defendants-Appellants, and Ron Arneson, Honorable, Crow Tribal Court Special Judge, Defendant. BURLINGTON NORTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. Gladys RED WOLF; Randy Red Wolf; Dorrie Bull Tail; Dewey Bull Tail, Defendants, and Ron Arneson, Honorable, Crow Tribal Court Special Judge, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1997.

As Amended on Denial of Rehearing and Rehearing April 9, 1997.

Attorney(s) appearing for the Case

Alexander Blewett, III, Hoyt & Blewett, Great Falls, MT; Joel E. Guthals, Wright, Tolliver & Guthals, Billings, MT, for defendants-appellants.

Michele Odorizzi, Mayer, Brown & Platt, Chicago, IL, for plaintiff-appellee.

Before: WRIGHT, SCHROEDER and KLEINFELD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 9, 1997.*

Opinion by Judge WRIGHT; Dissent by Judge KLEINFELD.

EUGENE A. WRIGHT, Circuit Judge.

We must decide whether a district court may enjoin Indian tribal court proceedings before tribal remedies have been exhausted. We conclude that it may not because no exception to the exhaustion rule applies.

BACKGROUND:

A jury in Crow Tribal...

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